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Apr 21, 2013
04/13
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more information but certainly looking like a military tribunal. >> geraldo: do you want it to be a military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commercial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or...
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Apr 20, 2013
04/13
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it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're getting overhead shot of the boat where the suspect was last night. this one is less clear. we're going put these on the screen. why is the boston public defender's office so anxious to get involved. >> probably running to the ideological on to the cynical. >> megyn: you think they are unhappy he hasn't been given miranda yet? >> good point. even if he had been given it and made statements and it's a slam-dunk case on video. they knead don't need any of it. >> megyn: so a confession in terms of figuring out the larger war on terror. >> it's a legitimate exception but a
it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're...
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Apr 28, 2013
04/13
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miranda is a nonissue. the only thing that miranda warning protect against is that any, that any statement that you get after the miranda warnings can be used in criminal trial. here they didn't need further statements from him. they had photographs for goodness sake of him committing the crime and the own confession to people he carjacked. there is ample evidence without his statement. the purpose to interview him is get intelligence information. >> eric: are you concerned they may not have gotten enough? >> yes. >> eric: what do they do from here? >> well, what do they do? they will probably go ahead with the ordinary criminal process. and allow him to remain where he is and allow the lawyer to determine whether he gets questioned any further. what do i think they could do? i think they could question him for intelligence purposes so long as they kept that separate from the criminal investigation. he wouldn't have any right to have a lawyer present in that interview. anytime he would have a right to have
miranda is a nonissue. the only thing that miranda warning protect against is that any, that any statement that you get after the miranda warnings can be used in criminal trial. here they didn't need further statements from him. they had photographs for goodness sake of him committing the crime and the own confession to people he carjacked. there is ample evidence without his statement. the purpose to interview him is get intelligence information. >> eric: are you concerned they may not...
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Apr 21, 2013
04/13
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these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax prison in colorado. >> the 48-hour thing is not an absolute fixed time period. oh, by the way, military commissions which have not secured any convictions, really, against anyone since 9/11, there is a right to council and there procedures, too. all of which keep getting tested. don't work. >> enemy combatant has nothing to do with the military commissions. >> dzhokhar tsarnaev could be deemed enemy combatant and still tried in a civilian court, which is what happened the w jose padilla in the past. it's not done often and justice department is in unchartered waters for h
these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax...
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Apr 21, 2013
04/13
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mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking more into serial bombers and serial killers is that serial bombers are really idealogues. they don't do it for personal gain or not notoriety. they do it for the ideology. >> the cause. quick question. only 15 second. what are the chances that he talks? it seems that the older brother may have been the one that began on this path. what are the chab chances that y actually get this suspect to talk, assuming he lives? >> he may very well talk. theoreric rudolph didn't talk t, but saddam hussein talked to us eventually. this man may very well talk to us. whe
mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking...
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Apr 21, 2013
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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Apr 21, 2013
04/13
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. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his heart and who is close to heart andse the leverage. misrepresent the facts, they will be arrested. >> gregg: the supreme court has said so. >> one thousand percent. this is the perfect scenario. all the leverage is on the side of the investigators. he has no idea. he is 19. he is dumb as rocks. he failed six out of seven classes in college. he forgott surveillance video existed in america by the bombing on monday. he is naive and impressionable. they can get to i am. >> gregg: you want to look at all electronic communications and personal property and his car. anybody he might have
. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his...
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Apr 27, 2013
04/13
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>> first of all, i strongly believe that the public safety exception to the miranda rule appropriately applied. they could have continued the interrogation and they didn't and they had enough evidence to convict him not with stanteding any statement and it would not jeopardize a conviction. under those circumstances they have him on tape . if you insist on trying in criminal court. that is it a point much view . you have enough to convict him and why not let them play the exception out. >> and do you think we have lost vital information on the way? >> there is it an entire possibility . you don't spend six months over there . you conclude, we don't know . we need to find out if anybody over there, and i got to believe that if the russians had identified him to our government they may have been aware of him when he returned and did they fol him or keep their eyeos him, don't know. i think in the end of the day, the bigger picture is people in this country whoike these terrorist, they blended right in to a sophisticated international community, boston and contempary ways and hats on back
>> first of all, i strongly believe that the public safety exception to the miranda rule appropriately applied. they could have continued the interrogation and they didn't and they had enough evidence to convict him not with stanteding any statement and it would not jeopardize a conviction. under those circumstances they have him on tape . if you insist on trying in criminal court. that is it a point much view . you have enough to convict him and why not let them play the exception out....
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Oct 6, 2013
10/13
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for years under interrogation, but i'm afraid perhaps the fbi hostage rescue team has read them his miranda rights. perhaps he's already gotten a lawyer, in which case, we'll learn next to nothing. >> we'll go through that again. then finally the war on terrorism and the fact you have two british girls who were blinded by acid in zanzibar, and it creases and increases, in 2002, the islamic attack on a hotel owned by the israelis and they tried to shoot down a boeing 747. how do we get a handle on the groups that threaten us and our families and grow in africa? >> first thing you have to do is acknowledge we're still in a growing war on terrorism. al qaeda and its unholy affiliates and subsidiaries are growing. the threat of terrorism continues to expand. in north africa, somewhat oversimplified, but there's a seam across the northern part of the continent between the suherrsuhai saharan muslim world and christian world, radicals, terrorists, taking across the board. in libya, in sudan, in egypt, and in tunisia. this war is not getting smaller. it's getting larger, and we need a strategy sta
for years under interrogation, but i'm afraid perhaps the fbi hostage rescue team has read them his miranda rights. perhaps he's already gotten a lawyer, in which case, we'll learn next to nothing. >> we'll go through that again. then finally the war on terrorism and the fact you have two british girls who were blinded by acid in zanzibar, and it creases and increases, in 2002, the islamic attack on a hotel owned by the israelis and they tried to shoot down a boeing 747. how do we get a...
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Apr 28, 2013
04/13
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a federal magistrate reads him his miranda rights. he can't afford an attorney and that is the last thing he has said. now, we're not getting any information from him. how will we determine if other people were involved and should we be concerned about our national security? >> there are two things. we don't know how much or the nature of all of the questions and answers that were pose today him during the time period when the interviewers had access to him. secondly, it might determine somewhere down the line its own best interests to cooperate with law enforcement in order to do something from save him and just life in prison than a shortened life span. >> that is what happened with the underwear bomber. he was read his miranda rights and decided to go quiet but family members persuaded for him to talk a little later on, as well. in terms of crime scene itself. it goes from boylston street all the way to russia. what role will russia play as we move forward? >> we have to be careful what we learn from russia. how they obtained any i
a federal magistrate reads him his miranda rights. he can't afford an attorney and that is the last thing he has said. now, we're not getting any information from him. how will we determine if other people were involved and should we be concerned about our national security? >> there are two things. we don't know how much or the nature of all of the questions and answers that were pose today him during the time period when the interviewers had access to him. secondly, it might determine...
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Apr 28, 2013
04/13
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do you think federal judge should have read the boston suspect dzhokhar tsarnaev miranda warning while the f.b.i. was still in the process of questioning him? tweets your answers -- i will read system of your responses later on in this hour. >>> the problem is, you know, the president has laid down the line. he can't be a dotted line. it can't be anything other than a red line. more than just syria, iran is paying attention to this. north korea is paying attention to this. so i think the options aren't huge but some action needs to be taken. >> that was house intelligence committee chairman mike rogers on abc's "if this week" weighing in on the syrian situation and whether or not the u.s. should get involved. conor powell is in the mideast bureau and he joins with us more. hello, conor. >> hello, shannon. there is international pressure for the united states to intervene in syria now that there is evidence that they used chemical weapons. former general said he was ordered to use chemical weapons in the tunnels and caves used by rebels but he refused the orer and instead used disinfect
do you think federal judge should have read the boston suspect dzhokhar tsarnaev miranda warning while the f.b.i. was still in the process of questioning him? tweets your answers -- i will read system of your responses later on in this hour. >>> the problem is, you know, the president has laid down the line. he can't be a dotted line. it can't be anything other than a red line. more than just syria, iran is paying attention to this. north korea is paying attention to this. so i think...
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Sep 8, 2013
09/13
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detective that allegedly took a confession that was not recorded, an issue of the written waiver of the miranda rights and as a result they believe that she deserves a new trial. bond was posted at $250,000 and she's out. >> there's a concern, too, that she might run. david, i want to ask you this. there are two men that she was said to have hired for the insurance policy that were out in the woods. they are both incarcerated. >> the prosecutor could say, you're on death row now, i'll give you life in exchange for your testimony. but that detective, he brought deborah into the room and got a confession, no video recording or an audio. the problem is they didn't know there were eight other cases thrown out of court because of lying under oath and violating the constitutional rights of defendants. now the jury will know about that. this case could blow up for the prosecutor and she could walk free when the trial begins in september. september 30th, actually. >> if they do another trial, bob, and the result is the same and she's convicted again, would she go back to death row? >> well, obviously i
detective that allegedly took a confession that was not recorded, an issue of the written waiver of the miranda rights and as a result they believe that she deserves a new trial. bond was posted at $250,000 and she's out. >> there's a concern, too, that she might run. david, i want to ask you this. there are two men that she was said to have hired for the insurance policy that were out in the woods. they are both incarcerated. >> the prosecutor could say, you're on death row now,...